Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-04-29
GOV. LEES MESSAGE
he WANTS The POWER TO SUSPEND
MEMBERS OF BOARDS.
Judge Fulton's Resignation-claim OF the
Kendall Company The State
DepaBitories.

dereu 10 De printed. III rtacnc" WV
Senate after that body had adjourned,
and will be presented there this morn
ing
To the General sseBi5ip:
The object Of this message Is
FIRST. To call your attention 70 the reatshh-
tion Of Judge John II. Fulton, OF tho flIteenln
judicial circuit Of Virginia, In order tnat ms
successor may he elected before your maj ild-
jOurnment. Tho resignation OF this a,coh-
plished iurist. whose gr0at services ha'o TOT so
many years beon given TO his State, was re-
luctanily accepted TO take effect on tue i'' o'
August next. -
Second. have the honor 20 recommend thas
tho Executive be clothed with power 10 remove
or suspend. subject 10 tho action OF the oeiiatc,
any member or members of the boards OF VS.
itors Of tho institutions Of the state. Inc re-
sponsibilty OF their proper management, ~
well as the execution Of the laws pertaining 10
their government, rests upon him, ana sucn re-
sponsibility should not oxist without tho power
10 remedy mistakes that sometimes unayoida-
yoidably occur In tho appointment OF the gov
eTnng boards by Suspendng or removing
members Of the said boards for what Is con-
ceived 20 be fit and proper reasons inc power
Of appointment subject to the confirmation OF
tho Senate should carry with IL the power OF re-
moval subject 10 the acton OF the same Do1y'
Under cur present laws tseo Acts OF loSo-'oo'
page 5fs.) the Governor has power % remove or
suspend the Secretary Of the commonwealth,
tho Treasurer, tho Auditor Of Public Accounts,
the Second Auditor, tho Register OF inc Lana
Office, the superintendent OF the Penltentiary,
and the Superintendent OF Public Printsg
during tho recess Of tho General Assembly
for misbehayior, incapacity. neglect OF OF
fetal duty, or acts performed Without due
authority Of law. aud filling the yacnncies
caused by tho exercise OF SUCH power by tom
porary appointments. The countyJudges have
rover 10 remove all city, town, or district OH
ceis elected or appointed in their comics, cor
pora;ions, and districts (sco Acts 1910. page
i2}O for nal feasance msfeasance, incapacity,
or gross neglect OF official duty. The object OF
such power. which ought always be exercised
with tho greatest care, Is TO promote the gene
raj welfare OF the Commonwealth. The proper
management OF a states institutions should
be the object of her grestest care, and should
not lie exempt from the operation OF law
which would promote their efficiency.
Third. desire 10 direct your attention 10 the
greet Importance OF enActing proper statute
upon the subject Of the repositories of the pub
lie money. When entered upon the discharge
Of my executive duties found the money OF
the Stale was Deposited In the following banks:
Tho Planters National Bank OF Richmond, tho
First National Bank 81 Richmond, the Mer-
chants National Bank OF Richmond, the Poo
pies National Bank ~ Charlotte willie, The Bank
Of Albemarlo, the Lynchburg National Bank,
tho FIRST National Bank OF Lynchburg, the
Peoples National Bank Of Iynchbure, tho
Bank OF Petersburg, and the Union Bank OF
Winchester. This last was made depository
by a special law. see Acts Of Assembly OF
fsS5-sG) Shortly afterwards designated 10 al
lion the Bank Of Abingdon.
The legal repositories named in chapter ~,
section -. Code Of 1919, we're "a follows:
Tho First National Bank Of Richmond, the
Planters National Bank Of Richmond, tho
Union Bank Of Richmond. and the Richmond
Banking and Insurance Company or these
hanks the Union Bank declined 70 DO deposit
tory upon the conditions annexed, and the
Richmond Banking aud Insurance Company ia
laV in aNia IA
Of tho Merchants National Bank was designated
by my predecessor, Governor Cameron. Alta
later period became convinced that the power
residing In the Legislature 10 designate the
permanent repositories Of public moneys had
not been transferred, and that tho Governor
only Ind tho authority TO designate other as
postories upon written communication to
him from the Treasurer OF the State that for
satisfactory reasons the money OF tho state
should not be deposited longer in one or more OF
said banks. The power thus conferred on tho
Governor was given for temporary purposes,
aKd II was evidently the intention OF the law
that the money temporarily removed should be
replaced In the permanent repositories whom
Ia his opinion the considerations artusiinG the
Treasurer in making his application were no
longer in existence, or should only remain III
the temporary depository until other perina-
nent repositories were selected by law |
therefore directed that the public money should
be Withdrawn from banks not designated by
law 8 s repositories OF the public funds. Under
the Urosfnt law lSbt lOUb Dl lot ,, hnApAtI D,
section 25.) the repositories Of public money
are permitted 10 have $4,000 without payment
OF interest thereon, and for all sums over S2j,-
900 thoy shall pay TO the state az the rate OF
4 per cent per annum. j am informed by
tho Treasurer that tho repositories under
Governor Cameron's administration declined
TO pay the por cent interest, and a new ar
rangement was made with Thorn by which they
agreed 10 pay : per cent. per annum on tho
whole amount deposited. think II would be
wise If the Legislature would take this subject
under consideration and designate with the
necessary safeguards the repositories Of public
funds and the rate Of interest 70 be charged
thereon.
Fourth. The highest court In tbs State having
declared that contract entered into by a for
mer Board Of Sinking-fun Commissioners on
behalf Of tho State and what is known "a tho
Kendall Bnnk-Note Company was binding
upon the STATE, and having affirmed judgment
against said board for $4,000 with interest, and
joint committee Of investigation appointed
by tho Legislature Of 16S}-Si having reported
that there was no reason or Justification for u
rocision Of their contract with tho said compa-
ny. and Us this debt, pronounced valid by the
Court Of Appeals, IL Gccumul9ting at the rato
Of 81 so per anBum, express the opinion that
the subject should be disposed Of "a soon ~
practicable. IN this connection submit a COM
munication from tho Attoney-Genoral ia re-
spOnea TO my request for his opinion.
FIr2HCGH LEE.